Kansas Licensing Bill

[Dan Bowers, CMI]

A Bill was introduced in Kansas this week to license HI's. It requires E & O Insurance and being a member of ASHI or a similar group they find acceptable.

[Buck Hartley, CMI]

What is the bill number

[Carla Horne]

HB 2807 if you need help send me an email

Carla

[pcarter-old-04]

Well, here we go, looks like the ASSHI boys from KARIE have been busy in the background. This doesnt surprise me, especially since at the last KARIE meeting we were talking about the limitation of the guys in small rural communities and yes I was there, but the E & O portion I thought was to be dropped and a bond was to be obtained in lieu of E & O. Can't trust anybody, go figure.

Here's a link to the bill being proposed:
http://www.kslegislature.org/bills/2006/2807.pdf

[Buck Hartley, CMI]

Thanks, I downloaded the bill this morning. I do not believe that it can be implemented by 1-1-2007. Who is the BOARD? They speak of? Why exempt some and not others? Why mention certain organizations?

[pcarter-old-04]

I would suspect ASSHI inspectors and a sprinkling of a few NAHI inspectors.

[Frank M. Carrio, CMI]

ALLRedandBlue fonts and theyellow highlights are mine.

PLEASE READ WHAT HAPPENED TO THE STATE OF NEW YORK WHEN THEY PASSED A SIMILAR BILL.

Is this where New Hampshire is headed?
New Licensing Law for Home Inspectors

THE NEW YORK TIMES
By JAY ROMANO
Published: January 8, 2006
AS of Dec. 31, 2005, a new law is in effect requiring that anyone conducting a home inspection in New York must be licensed by the state. Unfortunately, while as many as 5,000 inspectors are believed to be operating in New York, only 331 are licensed.
"If this law remains in effect as it is right now, real estate as we know it in New York is going to grind to a halt," said Peter Bell, president of Balch Buyers Realty in Mamaroneck, N.Y. Mr. Bell said most buyers make their offers to purchase a home contingent on an inspection of the property. {My Highlights, Frank}
Under the new law, however, home inspections can be conducted only by those licensed by the state or by engineers, architects or code enforcement officials operating within the scope of their government employment. With only 331 inspectors licensed statewide, Mr. Bell said, it will be difficult for clients to find an inspector quickly and reasonably.
And although there are more than 14,000 registered architects and nearly 25,000 professional engineers in the state, he said, "only a handful do home inspections." Moreover, Mr. Bell said, some architects and engineers who perform such inspections charge more than the $600-to-$700 feetypically charged by a home inspector.
{Note: New Hampshire is typically $300.00 Frank}
The Home Inspection Professional Licensing Act was signed on Aug. 12, 2004, and took effect last weekend. It makes it a misdemeanor for a person to conduct a home inspection for compensation without the proper licensing. Violations carry a fine of up to $1,000 for a first offense and up to $5,000 for subsequent offenses.
{NOTE: The way the NH HB642 “RECIPROCITY CLAUSE” is written New York or Massachusetts Home Inspectors can come into YOUR state and conduct YOUR inspections, but a NH Home Inspector would be subject to fines or jail.
Is this really “Reciprocity?” Is this what you, as a New Hampshire Real Estate Professional really wants? Frank}
Evan Grugett, principal of Evan Grugett Inspections in Eastchester, N.Y., said there are two basic paths to licensing: one for experienced inspectors who can be licensed under the "grandparenting" provisions of the law, and another for those new to the field or who do not have enough experience to meet the grandparenting requirements.
An inspector who can document 250 or more inspections over the last three years is automatically entitled to a license, Mr. Grugett said. Those who can document 100 or more inspections over the last two years and who pass either a state exam or one of four national home inspector exams are also entitled to a license.
Those who do not meet those requirements have two options. One is to complete a 100-hour state-approved course in home inspecting, perform 40 hours of field training under the supervision of a licensed inspector and pass one of the approved tests. The second option is to pass one of the tests and conduct 100 inspections - either paid or unpaid - under the supervision of a licensed inspector. {What Licensed Inspector is going to train his competition? The door will be shut for all new inspectors.}
According to Kathy McCoy, assistant director of the Division of Licensing of Home Inspectors in the state's Division of Licensing Services, officials believe there are 3,000 to 5,000 inspectors doing business in New York. And though only 331 are licensed, officials intend to enforce the law. "As of Dec. 31, home inspectors in New York must have a license or they cannot work,"said Larry Sombke, a spokesman for the department.
In a memo sent to realtors statewide, S. Anthony Gatto, director of legal services for the New York State Association of Realtors, alerted brokers of their responsibility under the law. "Real estate licensees will be expected to know that home inspectors must be licensed," Mr. Gatto noted. Brokers also have an obligation to ensure that the names of inspectors they provide to clients must be licensed, he added. Failure to do so, he said, will be viewed as a demonstration of untrustworthiness or incompetence, and can result in disciplinary action.
{THIS OPENS THE DOOR FOR FINES, SUSPENSION OR REVOCATION OF YOUR LICENSE! }
Those who want to determine if an inspector is licensed can go online to www.dos.state.ny.us, click on Search for Licensees and Registrants, and enter the inspector's name.
NOTE: PLEASE SEE ATTACHED DOCUMENTS FROM STATE REP JACK DOWD & HARRY GALE:

American Society of Home Inspectors®
APPLICATION FOR CANDIDATE STATUS

requires Netscape 4.0 or IE 4.0 browser or better
TYPE OR PRINT CLEARLY
YOUR SIGNATURE ON THIS DOCUMENT AND A COPY OF YOUR DRIVER’S LICENSE OR
OFFICIAL STATE PHOTO ID ARE REQUIRED FOR MEMBERSHIP IN ASHI

Please complete both sides and return with payment via US Mail to ASHI®

932 Lee Street Suite 101 · Des Plaines, Illinois 60016 · (847) 759-2820 · Fax (847) 759-1620
DUES ARE NON-REFUNDABLE

Today's Date _______________ Business Name __________________________________________________ ________________ Your Name ______________________________________ Title _________________________ Address*__________________________________________ ______________________________ City ______________________ State/Prov _________ Zip/Postal Code _______________ Phone ___________________________________ Fax __________________________________ E-Mail Address __________________________ Website URL __________________________ Birth Date: ________________ Gender: M F*If you have entered a PO Box, please provide a physical address for shipping below:

Address________________________________________ Apt/Unit #______________________ City _______________________________State/Prov _____ Zip/Postal Code____________

Additional Information

1.) Have you pleaded guilty or no contest to, or been convicted of a felony in the past five (5) years? Yes No
2.) Are you currently charged with a felony not resolved in court? Yes No
If you answered yes to either of the above, please describe the nature of the offense, the date of the conviction/charge and offer any comments you wish.
__________________________________________________ _______________________________________________
__________________________________________________ _______________________________________________
* A conviction will not necessarily prohibit you from membership in ASHI. Each application will be reviewed on a case-by-case basis by the ASHI Membership Committee.

ACKNOWLEDGMENT AND RELEASE
(Please read carefully and sign below)

I hereby certify:

• That I have read and understand the ASHI Code of Ethics, and will abide by it and all other rules and regulations of the Society.
• That I am not actively engaged in the business of real estate, as a real estate broker or salesperson. I will not sell, purchase or list real estate for third parties.
• That I will not repair for a fee any conditions I find during inspections.
• That I will not use my home inspection work to deliberately obtain work in another field.

I understand:

• That as an ASHI CANDIDATE, I am not a full MEMBER of ASHI. I may not vote or hold national office, and may not exercise any of the other rights of membership.
• I also understand that until I receive written notice from ASHI that I have officially been accepted as a MEMBER (or Candidate with Logo Use Privileges), I may not and will not use the ASHI name or logo to advertise, or imply in any promotional material that I am affiliated with ASHI. This restriction includes, but is not limited to, all Yellow Page directory advertising, company brochures, internet website, stationery, and resumes. I fully understand and agree that if I violate this Society policy in any manner, I may be suspended or expelled from ASHI.
• That after a minimum 30 day waiting period as a CANDIDATE and after meeting all other requirements, I may apply for status as an ASHI MEMBER.

As a CANDIDATE and as a MEMBER, I agree to report and inspect in substantial compliance with ASHI's Standards of Practice and Code of Ethics.
I have read, accept, and fully understand all statements in this Application. I hereby certify that all statements are correct. I understand that any failure to comply with the above or falsification may exclude me from membership in the American Society of Home Inspectors.

RELEASE

For and in consideration of the benefits provided to me by the American Society of Home Inspectors, Inc. ("ASHI®"), I hereby waive, release and forever discharge ASHI®, its Board of Directors, officers, members, servants, agents and employees, of and from all suits, claims, causes of action, damages, losses or injuries that I shall or may have for any reason or cause including but not limited to those related to the implementation or enforcement of the ASHI® Code of Ethics, Standards of Practice and/or any other activities.
Unauthorized alterations/omissions found on this form (now or in the future) will void this application. Membership is non-transferable and non-refundable. __________________________________________________ ___________

Agreement Signature of Applicant Date

In order to fully process your membership, sign this document, enclose payment and a copy of your driver’s license or official state photo ID and return to ASHI. We will not be able to process your membership without these completed.

ASHI makes its membership contact information available to partners offering services to the home inspection profession.
If you do not wish to be included, please check this box
Payment
While you may join ASHI as a Candidate at any time during the year, your official date of membership will be on the first day of the following month. For example, if you join on June 15th, your membership date will be July 1st. Please use the following prorated dues schedule to determine the amount of payment required to join today.

1st Quarter: If you join between 08/02/2005 - 11/01/2005:-------- $375.00 ($295.00 + $80 application fee)

2nd Quarter: If you join between 11/02/2005 - 02/01/2006:------- $301.25 ($221.25 + $80 application fee)
3rd Quarter: If you join between 02/02/2006 - 05/01/2006:-------- $227.50 ($147.50 + $80 application fee)
4th Quarter: If you join between 05/02/2006 - 08/01/2006:-------- $153.75 ($73.75 + $80 application fee)

Check payable to ASHI in the amount above (there is a $50 charge for returned checks). MasterCard Visa Discover American Express Card Number __________________________________________ Expires _________________ Cardholder's name __________________________________________________ ____________DUES ARE NON-REFUNDABLE
Referral

This new Candidate has been referred for membership by______________________________________________ (Name of Current ASHI Member)
Membership No. __________________________
* A referral is not required, but this information is requested if a current ASHI Member is responsible for your decision to join ASHI.
Photo ID

Please paste a copy of your picture ID here or attach it on a separate sheet ;
SEE! NO ENTRANCE EXAMINATION OR REQUIREMENTS,
ALL YOU NEED IS $$$.

YET MEMBERS OF THIS GROUP WERE THE “ADVISORS”TO HOUSE BILL 642.

PLEASE SEE THE LETTER {Listed Above} FROM STATE REP. JACK DOWD.

Once again, I respectfully ask that you join me in addressing your concerns at this FIRST public hearing on this matter.
February 14, 2006

Sincerely. Frank Carrio
January 21, 2006
6:26:35 PM

[cmccann]

HMMM, me thinks Asshi isn't going quietly.

[Dan Bowers, CMI]

Patrick -

I read the Bill and don't understand why youse guys think someone could be promoting the ASSHI group over other inspectors organizations.

Signed

Naive in Lala Land

[pcarter-old-04]

Very funny, Dan.

I received the following email from the Pres of KAREI this morning. Interesting that he doesnt want us to write our rep's and they have it handled. Remember this guy is a Blue Blood ASSHI member and doesnt pretend not to be.

Quote:
"As many of you know new legislation (HB 2807) has been introduced in the
Commerce and Labor committee. The Bill has a few problems which we have
been happy to explain to anyone who will listen. The author of the bill
is Bill Yanek the political affairs director for the Kansas Association of
Realtors and someone who we have developed a working relationship with over
the last few years. A meeting has been set up with him on the 16th and we
were able to get the hearing for HB 2807 which was scheduled for the 14th
to be moved to the 19th as well. I feel confident we can work with him to
stop HB 2807 and work to develop legislation to benefit our industry while
protection our clients. At this time it is not necessary for you to do
any letter writing to your Representatives, but we will keep you
informed.
Thanks
Jeff Barnes, President"

Yeah, Right!

[Erby Crofutt]

It is NEVER necessary for those who are being governed to contact their representatives. Just leave it to Jeff. He'll take good care of YOU and will even let you know when you got screwed.

[Frank M. Carrio, CMI]

Hi To All!

Here is a copy of a letter that I sent to all NH Based Home Inspectors. MOST were unaware that a "law" was being passed that was going to put them out of business.

PLEASE FEEL FREE TO USE THE FORMAT AND ADAPT IT FOR YOUR PARTICULAR SITUATION.

GOOD LUCK!

Sincerely, Frank Carrio
President, New Hampshire Chapter
The National Association of Certified Home Inspectors

To My Fellow New Hampshire based Home Inspector,

Thank you for your prompt response and your opposition to this poorly written and dangerous bill.

We have already contacted them by phone and by E-Mail and voiced our opposition. Nick Gromiko and staff are helping us in this very serious matter.

Now we ask that you PLEASE contact your state rep. and members of the committee and VOICE YOUR OPPOSITION! Please remember TIME is of the essence! This bill will be voted on in 7-days! {Jan. 18, 2006}

We will keep you "in the loop" and updated.

Please feel free to call us or e-mail us at any time.

Here are the e-mail addresses of the committee members that need to hear from New Hampshire Based Home Inspectors that oppose this bill. If this bill passes "As Written" you will be out of business.


Contact Information for HB642 Committee members.

rcpatten@worldpath.net, eric.stohl@leg.state.nh.us, lauriejboyce@yahoo.com, buppadan@comcast.net, dbuhlman@aol.com, doylec@adelphia.net, jpdowd@aol.com, andrew.dorsett@leg.state.nh.us, margie@maybeck.com, margie@maybeck.com, andrew.renzullo@leg.state.nh.us, njohnson@metrocast.net, mary.cooney@leg.state.nh.us, rjosborne@comcast.net, stevecarol@srnet.com, g_shattuck@conknet.com


Sincerely, Frank Carrio
Your fellow New Hampshire based Home Inspector

[Frank M. Carrio, CMI]

Here is another "formatt / letter" that might be able to help you out.

Hi To All!

Here is a list of New Hampshire REAL ESTATE AGENTS who are also duly elected State Representatives.

I am sure that they would be shocked to find that New Hampshire House Bill 642 is going to bring Real Estate transactions in New Hampshire to a screeching halt.

In the New Hampshire State House of Representatives, REALTOR® incumbents who were re-elected as Republicans include;
1. Harriet Cady of Deerfield, kd1843@verizon.net harriet.cady@leg.state.nh.us
2. Kevin Camm of Hampstead, klclp3c@comcast.net
3. Wayne Campbell of Farmington, packyc@worldpath.net
4. Speaker of the House Gene Chandler of North Conway, gene.chandler@leg.state.nh.us
5. Vivian Desmarais of Manchester, vivianjd@earthlink.net
6. Karen Keegan Hutchinson of Londonderry, northernpatriot@aol.com
7. Robert Wiley and William Zolla of Derry. robert.wiley@leg.state.nh.us

REALTORS® re-elected as Democrats were;

• Reps. Benjamin Baroody of Manchester, ben.baroody@leg.state.nh.us {Attending our NACHI Chapter Meeting}
• Angeline Kopka of Nashua. akopkare@aol.com {Attending our NACHI Chapter Meeting}

• Irene Creteau of Rochester, irenecre@worldpath.net
• Stephen DeStefano of Bow, unknown
• Naida Kaen of Lee, naidaKaen@hotmail.com

REALTORS® winning first terms in the New Hampshire House were;

• Democrat Anthony Matarazzo of Nashua, anthony.matarazzo@leg.state.nh.us
• Republicans Patricia Dowling of Derry, patdowling@pruverani.com
• Harry Gale Jr. of Sunapee, SPONSOR OF HB642 = hgale66@aol.com
• David Kidder of New London, david03257@yahoo.com
• William Remick of Lancaster. pam-bill@verizon.net

Real Estate Investors / Landlords;

• Jean Jeudy (d) ManchesterJean.jeudy@gmail.com

AFTER OUR FIRST NACHI MEETING TO BE HELD ON FEB. 01, 2006, AFTER THIS MEETING WE HOPE TO HAVE A CONSENSUS ON HB642

You will receive a newsletter about the results of this meeting.
I urge each and every one of you who are New Hampshire Based Home Inspectors to contact the State representatives on this list and send them the reason that you oppose this poorly written, biased bill, that was written with a clear conflict of interest by a State Rep. who apparently has close ties to a small group of inspectors who have “advised” him on {HB-642}.

In the opinion of many a Certified Home Inspector, this bill is a thinly disguised effort to “get rid of the competition”.

This bill will have an adverse affect on the author’s competition {Real Estate Agents & Brokers} as well as on the New Hampshire Based Home inspectors. LOOK WHAT HAPPENED IN NY & CT!

Sincerely, Frank Carrio
New Hampshire Chapter President {NACHI}
The National Association of Certified Home Inspectors.

NEW HAMPSHIRE STATE REPRESENTATIVES WHO ARE ALSO REALTORS
anthony.matarazzo@leg.state.nh.us
ben.baroody@leg.state.nh.us
gene.chandler@leg.state.nh.us
harriet.cady@leg.state.nh.us
irenecre@worldpath.net
Jean.jeudy@gmail.com
akopkare@aol.com
kd1843@verizon.net
klclp3c@comcast.net
naidaKaen@hotmail.com
northernpatriot@aol.com
packyc@worldpath.net
pam-bill@verizon.net
david03257@yahoo.com
patdowling@pruverani.com
robert.wiley@leg.state.nh.us
vivianjd@earthlink.net

THE BILL “SPONSOR” WHO IS ALSO A REAL ESTATE AGENT!


Harry Gale Jr. of Sunapee, SPONSOR OF HB642 = hgale66@aol.com

[Frank M. Carrio, CMI]

Here Is One More Letter That I Sent To The Real Estate Commission.
FEEL FREE TO USE THIS FORMAT!

GOOD LUCK!

IT SEEMS OBVIOUS THAT YOUR STATE IS GETTING "ASHIFIED"

From: Frank Carrio Reference: House Bill 642
Certified Inspector & Consultant

To: All E.D. & A. Committee members,
{And All New Hampshire Real Estate Agents, NOTE: I sent a copy of this letter to EVERY real estate agent in New Hampshire}

Hello,
My name is Frank Carrio. I am a New Hampshire Based Certified Inspector and Consultant. I am a Code Compliance Inspector for The United States Government, The Department of Veteran’s Affairs Special Adaptive Housing Section. {Inspector #0502}.
As a Certified Home Inspector I also conduct Home and Building inspections for the private and public sector. Frank Carrio D.B.A America's Certified Inspection Company LLC. WWW.Americascertifiedinspectioncompanyllc.com
Last March, HB642 was brought to my attention. After a very small amount of investigation it became clear that a very small “Special Interest Group” had spearheaded the sponsorship and influenced the writing of this biased, poorly written bill to include the “self serving” attached amendments.

It became clear that this very small group of Home Inspectors (apparently less than six) were representing themselves as “Speaking for the Entire New Hampshire Home Inspection Industry.” {All ASHI Inspectors}

NOTHING COULD BE FURTHER FROM THE TRUTH!

The sponsor of this Bill is a Real Estate agent that was in direct contact with this group of home inspectors and they were “helping to write this bill".

I would like for you to ask this Real Estate Agent how many “HOME INSPECTIONS” has this small group of “Advisor's” has conducted for him and the other Real Estate Agents in his office.
{Please see attached letters from State Representatives Jack Dowd & Harry Gale.}


It is my opinion, that a Real Estate Agent who is a duly elected New Hampshire State Representative was apparently influenced by a small group of self-serving Home Inspectors.

Since a Real Estate agent has a $$ MATERIAL INTEREST $$, and a self serving financial gain in the passing of this bill and ESPECIALLY the “APPOINTMENT” of a REAL ESTATE AGENT TO THE LICENSING BOARD, It seems obvious to me that the way that this bill is written demonstrates that there is a $$ CLEAR CONFLICT OF INTEREST $$ !

The “Advisers” to this bill belong to a “Professional” Home Inspectors Association {ASHI} that does not have any entrance examination. (See attached “application for certification”)

NOTE: This small group represents approximately six (6) out of roughly two Hundred (200) New Hampshire Based Home Inspectors.

THEY DO NOT REPRESENT THE “INDUSTRY” IN ANY WAY SHAPE OR FORM.

THEY CERTAINLY DO NOT SPEAK FOR ME OR THE OTHER 62-NEW HAMPSHIRE BASED, LEGITIMATELY CERTIFIED PROFESSIONAL HOME INSPECTOR’S OR THE PROFESSIONAL ASSOCIATION THAT I BELONG TO!
(I.E. The National Association of Certified Home Iinspectors NACHI) http://www.nachi.org/

Since last March we have been trying to keep up with this poorly written and clearly biased bill.
Since last March there are approximately 62-New Hampshire Based Home Inspectors that have been “kept in the dark” about where and when these meetings were held.
I respectfully ask that you tell me when and where the FIRST public hearing is going to be held.

There are MANY of us that want to attend this Public Hearing on House Bill 642, and more importantly WE WANT TO BE ABLE TO SPEAK TO THE E.D. & A. COMMITTEE and voice our opposition to this poorly written, biased, bill!

Sincerely, Frank Carrio
Certified Inspector & Consultant
President, New Hampshire Chapter
The National Association of Certified Home Inspectors {NACHI}
</IMG>

[John Bowman]

Frank,

Just my opinion, but the harshness of your letters would turn me off to you and your effort. Why all the bold lettering and underlining. I would have chosen a much more professional approach.

But if it works in New Hampshire, go for it.

John B.